Relocation in Family Law

In divorce proceedings that involve children, and in juvenile paternity proceedings, something that can come up is the subject of relocation. Relocation is when a parent moves with the child to another location.

The relocating party must file a notice with the Court. This must be done no later than thirty (30) days before the parent moves or no more than fourteen (14) days after the individual becomes aware of needing to move. This notice must be served on the other parties involved in the case.

There are several things a notice must include.  It must have all telephone numbers of the relocating individual, the new residence where they will live, a brief explanation as to why they want to move, and the date they intend to move. Also, the notice must include a statement informing the other party that they must file a response to this notice in twenty (20) days.

As previously stated, the party who is not moving has only twenty (20) days to file a response on whether they object or not to this relocation. If the party objects to the relocation, they may say so in the notice, and they can also ask for a Court Order to prevent the relocation until a hearing can be held. A response can also ask for the Court to set a hearing so the parties can modify the custody, parenting time, and child support in relation to the relocation.

Now, if relocation has already been addressed previously, there is no need to file a notice. If the relocation will decrease the distance between the child and other parent, or if it is no more than twenty (20) miles further away and will allow the child to remain in their current school, a notice is also not needed.

In the event that you are a parent that is moving or you have been informed by the other parent that they are moving, please feel free to contact our office to learn more about this procedure and let us help you with all of your family law matters!

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